Penalty, Forfeiture of deposit and Liquidated damages not liable to Service Tax


Last updated: 19 February 2021

Court :
CESTAT, New Delhi

Brief :
The Hon'ble CESTAT, New Delhi in M/s. South Eastern Coalfields Ltd. v. Commissioner of Central Excise and Service Tax [Service Tax Appeal No. 50567 of 2019, decided on December 22, 2020]set aside the order holding that the amount received towards penalty, earnest money deposit forfeiture and liquidated damages would be tantamount to a consideration, for which service tax would be levied, passed by the Commissioner and held that, it is not possible to sustain the view taken by the Commissioner.

Citation :
Service Tax Appeal No. 50567 of 2019, decided on December 22, 2020

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